Digital Evidence, Surveillance Technology and Cybercrime: Analyzing the Impact on Criminal Law Policies in Bangladesh

Abstract

The increasing reliance on digital technologies has transformed the landscape of criminal justice, introducing both opportunities and challenges in combating cybercrime. This research examines the intricate interplay between digital evidence, surveillance technology, and criminal law policies in Bangladesh, highlighting the critical need for a comprehensive and balanced approach to address the unique challenges posed by the digital age. The study begins by exploring the nature of cybercrime in Bangladesh, identifying the legislative framework underpinning its regulation, including the Cyber Security Act, 2023 and related statutes. It highlights the importance of digital evidence in modern investigative processes while underscoring procedural and technological gaps that hinder its effective utilization. The role of surveillance technologies is also critically analysed, focusing on their dual potential for advancing national security and infringing on individual rights, particularly in the absence of robust privacy safeguards and accountability mechanisms. Furthermore, this research identifies significant challenges, such as the inadequacy of existing laws in addressing emerging threats like ransomware and deepfake technologies, the lack of technical expertise and resources within enforcement agencies, and the complexities of cross-border cybercrime investigations. The analysis is extended to international perspectives, emphasizing Bangladesh’s limited participation in global frameworks such as the Budapest Convention on Cybercrime and the need for enhanced international cooperation. To address these challenges, the research provides actionable recommendations, including legislative reforms, capacity building, the establishment of standardized procedures for handling digital evidence, and the regulation of surveillance practices. It also advocates for increased public awareness and education to empower citizens against cybercrime. The findings underscore that while Bangladesh has made significant strides in integrating digital tools into its criminal justice framework, the nation must prioritize reforms that align technological advancements with constitutional protections and international human rights standards. This study concludes that a multi- faceted and collaborative approach is essential for developing robust criminal law policies capable of addressing the evolving dynamics of cybercrime while safeguarding civil liberties and fostering global cooperation.